Md. Faiyaz Ahmad @ Md Tamanna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56966 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== 1.
Md. Faiyaz Ahmad @ Md Tamanna Son Of Late Musum Marhum Ahmad @ Niyaz Ahmad Resident At Bardi Dargah, Bihar Sharif, P.S. - Bihar, Distt. - Nalanda 2.
Md. Abbas Ahmad @ Rashid Ahmad @ Md. Rashid Son Of Late Musum Marhum Ahmad @ Niyaz Ahmad Resident At Bardi Dargah, Bihar Sharif, P.S. - Bihar, Distt. - Nalanda 3.
Fatma Khatoon @ Aarfa Khatoon @ Aarfa Praveen D/O Late Musum Marhum Ahmad @ Niyaz Ahmad Resident At Bardi Dargah, Bihar Sharif, P.S. - Bihar, Distt. - Nalanda 4.
Aasma Khatoon @ Ladly Khatoon @ Ladly W/O Raji Ahmad, D/O Late Musum Marhum Ahmad @ Niyaz Ahmad Resident At Bardi Dargah, Bihar Sharif, P.S. - Bihar, Distt. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Prasad Singh For the Opposite Party/s :
Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498(A), 379, 504/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per the prosecution case, petitioners along with other co-accused persons are said to have assaulted and tortured the informant due to non-fulfillment of the dowry demand.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.56966 of 2023(2) dt.14-09-2023 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that the petitioners no. 1 and 2 are brother-in-law and petitioner no. 3 is married sister-in-law of the informant and are living separately from the husband of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Jehanabad Mahila P.S. Case No.08 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T